what are the procedures in going to trial on a personal injury case?

Answer 1

I hope you're not the plaintiff's attorney.

Answer 2

Filing a complex civil suit involves a lot of procedural hurdles.

Not counting the forms that each court requires, there's the complaint, including jurisdicational statement, detailed causes of action, and the prayer for relief. Then, potential responses to any demurrers, counter-claims or affirmative defenses.

And that's just to get into the door. Once the case is underway, there will be motions in limine, discovery issues, depositions, preliminary hearings, possible summary judgment motions, etc.

There's a reason that Civil Procedure covers two semesters in law school, plus other classes to cover the torts involved in a personal injury suit. And if the other side has an attorney, especially if they have insurance, the first two years of the case are likely to be purely a procedural battle, without ever getting close to addressing the merits of the case.

If you're not taking this to small claims court, then the strong recommendation is that you find an attorney.

Answer 3

If there is a dispute on the liability or settlement offer and you want to fight, trial is your next step.

Summons and complaint is filed first.
Serve copies of filed documents to defendant.
Wait for response (usually 30 days)
If response is received- discovery begins. (interrogatories, depositions, mediations/arbitrations)
Court may impose mandatory settlement conference throughout process before actual trial date is set.

Trial would require expert witnesses, formal subpoenas, and testimony reiview. 99% of personal injury cases are settled.

Answer 4

See a personal injury lawyer. If you got a good case he'll take care of everything.

Answer 5

It depends on the nature of the case and how much money is in dispute. Please provide more information.